Terms & Conditions

I. General Terms, Conditions and Customer Information

 

§ 1 Basic Terms and Conditions

(1) The following terms and conditions apply to contracts concluded with us as a provider (Giebel FilTec GmbH) via the website shop.giebel- adsorber.de, if not in writing between an amendment is agreed to the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We offer our products only for sale, as far as you are a natural or legal person or a legal partnership, which in the conclusion of the legal transaction in the exercise of their commercial or self-employed occupational activity (entrepreneurs). A contract with consumers is excluded.

 

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. The main features of the goods can be found in the respective offer.

(2) Upon submission of the respective product on our website, we will make you a binding offer to conclude a contract via the online shopping cart system for the conditions specified in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page. Insofar as you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page. Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button, you declare legally binding acceptance of it. 

(4) You may also submit a binding contract offer (order) by phone, e-mail, fax or post .The acceptance of the offer (and thus the conclusion of the contract) will be made immediately by phone or at the latest within 5 days by confirmation in text form (eg e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation) .If you have received within this period no message, you are no longer Your order will be bound refunded immediately.

 (5) On request, we will send you an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form. (6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

 

§ 3 Prices, terms of payment and shipping costs

(1) The prices listed in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.

(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.

(3) If the delivery is to countries outside the European Union we may be liable for further costs, such as costs. Customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be borne by you.

(4) Any costs incurred in transferring funds (bank transfer or exchange rate charges) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice

 

§ 4 Terms of Delivery

(1) The estimated delivery time is specified in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method prepayment by bank transfer the dispatch of the commodity takes place only after entrance of the complete purchase price and the forwarding expenses with us.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate cover transaction for reasons beyond our control, you will be informed immediately of the unavailability and any payments already made will be reimbursed immediately in the event of withdrawal.
 (3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs are to be borne by you.

 (4) Partial deliveries are permitted and can be invoiced independently by us, provided that you are not burdened with additional costs for shipping.


§ 5 Warranty

(1) The warranty period is one year from delivery of the thing. The shortening of the time limit does not apply to: - culpably caused damages caused by injury to life, limb or health and in case of intentional or grossly negligent caused other damages; - as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing; - in the case of items that have been used for a structure in accordance with their normal use and have caused its defectiveness; - in the case of legal recourse claims that you have against us in connection with warranty rights.

(2) As a condition of the thing, only our own information and the product description of the manufacturer are considered as agreed, but not other advertising, public charges and statements of the manufacturer.
 (3) In case of defects, we shall provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.

 

§ 6 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
 (2) We reserve the ownership of the goods until complete settlement of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
 (3) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
 (4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
 (5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

 

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies, excluding the UN Sales Convention.
(2) The place of fulfillment and place of jurisdiction is our registered office, as far as you are a merchant, a legal entity under public law or a public law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU

 

 



II. Customer information


1. Identity of the seller

Giebel FilTec GmbH
Carl-Zeiss-Str. 5
74626 Bretzfeld
Germany
Telephone: +49 79469444010
E-Mail: info@giebel-adsorber.de


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr

 

2. Information on the conclusion of the contract

The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I)

 

3. Contract language, contract text storage

3.1. Contract language shall be English.

3.2. The complete contract text will not be saved by us. Before submitting the order or the request, the contract data can be printed out or saved electronically via the browser's print function.

 

These terms and conditions were created by the lawyers specializing in IT law of the dealer federation and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings.

Further information can be found at: http://www.haendlerbund.de/agb-service. last update: 19.11.2018

 

4. Codes of conduct


4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.


7. Delivery conditions


7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.



last update: 19.11.2018